Hawaii
TAKE ACTION
In February 2011, Governor Neil Abercrombie, a vocal supporter of civil unions, signed into law a bill passed by the state legislature to provide civil unions to all Hawaiians. While a welcome step forward, it is important to note that only a marriage can provide full clarity and respect for all relationships. All couples deserve the same responsibilites, same respect, and same rules of civil marriage. Take action today by helping to celebrate in Hawaii, and dedicating to the work still needed to win marriage.
HISTORY
In Hawaii in May 1993, a state supreme court responded seriously to an ad hoc marriage lawsuit—for the first time ever. Without the backing of any organized LGBT group, local or national, three same-sex couples sued Hawaii for marriage licenses. In Baehr v. Lewin (later Baehr v Miike), the Hawaii Supreme Court suggested that these couples had a point, and that such a denial might be sex discrimination. The Hawaii Supreme Court sent the case back down to the trial court for a new hearing. Soon thereafter, the Hawaii legislature passed the Reciprocal Beneficiaries statute, which made it easier for unmarried friends, partners, or family members to care for each other.
The 1993 Hawaii Supreme Court decision was only preliminary, and had not yet granted marriage rights. Nevertheless, it gave birth to the organized marriage equality movement—and, simultaneously, the organized anti-marriage movement. Anti-gay forces had long been arguing that any legal recognition of same-sex partnerships—even the ability to pass on a rent-controlled lease—was an attack on the institution of marriage. In response to Baehr, anti-gay forces introduced into state legislatures and the U.S. Congress a proposal called a "Defense of Marriage Act," limiting marriage to "one man and one woman." Because there had as yet been no serious public discussion of the issue, these measures almost always passed.
Marriage equality advocates began organizing in a wide variety of ways. However, that did not happen quickly enough in Hawaii. There, voters passed a constitutional amendment that gave the Hawaii legislature the power to amend its constitution to restrict marriage to one man and one woman. The Hawaii Supreme Court took the hint and let Baehr v. Miike die, without granting marriage rights.
In July 2010, Lambda Legal filed a lawsuit in Honolulu on behalf of six same-sex couples seeking all of the benefits and responsibilities of marriage in Hawaii.
Status: Civil Union, Anti-Marriage Law
Groups Actively Working on Marriage
Equality Hawaii: the central statewide organization dedicated to securing equal marriage rights for gay, lesbian, bisexual, and transgender people and their families in Hawaii
Blog Posts Related to Hawaii
VIDEO: Hawaii Takes Encouraging Step with Civil Union Law
The measure will help many families, but it also creates a separate and unequal system of recognition for gay couples.
Marriage equality could move forward in some U.S. states
A handful of U.S. states are poised to take up the issue of marriage equality afresh, due largely to incoming lawmakers who may tip the balance in favor of the controversial measure.
"The work of persuasion, of personal conversations, of talking to lawmakers and mobilizing against a well-funded anti-gay opposition" are among the primary tasks for the lobbying group Freedom to Marry, said founder Evan Wolfson. "With the freedom to marry within reach this year in states such as New York, Maryland and Rhode Island, now is the time to have those conversations and move marriage forward," he said.
The state of Marriage Equality in 2011
After a 2010 with few marriage equality measures contested outside the courtroom, 2011 will likely see a number of battles state by state across the country.
Resources Related to Hawaii
Media Primer: 2011 Flashpoints for LGBT Equality
A media primer on the LGBT issues landscape for the coming year released by the Human Rights Campaign.
Potential Economic Impact of Civil Unions in Hawaii
The report shows that a civil union law in Hawaii would boost the economy through both increased spending and jobs, while also increasing the state budget, along with other positive economic impacts.
Hawaii Census Snapshot
Demographic and economic information about same-sex couples and same-sex couples raising children in Hawaii.